Reflecting on the Common Discourse on Piracy and Intellectual Property Rights: A Divergent Perspective

The common discourse on intellectual property rights rests mainly on utilitarian ground, with implications on the question of justice as well as moral significance. It runs like this: Intellectual property rights are to reward the originators for his/her intellectual labour mainly in monetary terms, thereby providing incentives for originators to engage in future innovative labouring. Without such incentives, few, if not none, will engage in creative activities and the whole human community will, thereby, suffer because of reduced inventions. However, such utilitarian argument on piracy as de-motivation may not be necessarily justified. In fact, intellectual property arrangement is one among different institutions concerning how the society may handle new ideas and creative works. In reality, private ownership over one’s intellectual product is merely a modern western concept that is being ‹advertised’ as being normative, which, by itself, is highly debatable. Alarming still, such normative argument assumes both justness and moral dimensions. This article will analyse whether such argument is philosophically sound.     

科技工作者权益保护认知与需求现状调查研究

加强科技工作者权益保护对于激发科技工作者创新活力,提升我国科技竞争力具有十分重要的意义。为更好地维护科技工作者权益,本文在对我国典型科技工作者群体开展访谈及问卷调查的基础上,考察了科技工作者权益保护认知状况以及权益保护需求状况。调查发现,我国科技工作者对自身权益认知程度普遍较低,维权意识相对淡薄;科技工作者对不同权益的关注程度存在差异,现阶段科技工作者最关心的权益为薪酬平等权和薪酬保障权、职称考核晋升知情权和身心健康相关权益,且不同科技工作者群体的权益保护需求存在显著性差异。在此基础上,本文提出了现阶段更好维护我国科技工作者权益的政策建议。     

Is Whistle-blowing Compatible with Employee Loyalty?

Whistle-blowing would appear to involve a conflict between employee loyalty and protection of public interest. Several business ethicists have, however, argued that this conflict is indeed merely apparent. According to the central argument to that effect, when the nature of employee loyalty is understood correctly, it becomes clear that whistle-blowing does not threaten employees’ loyalty to their employer. This is because blowing the whistle about one’s employer’s wrongdoing and being loyal to them serves the same goal, the moral good of the employer. In this article, I assess this philosophical argument for the conclusion that the moral problem of whistle-blowing is not real. I argue that the way of defending the view that whistle-blowing is not morally problematic is implausible.     

A Value-based Framework for Understanding Managerial Tolerance of Bribery in Latin America

The cross-cultural literature is reviewed and integrated together with attitude theories, thereby outlining a model through which certain values influence the intervening variables that ultimately lead managers to tolerate employee bribery. The case of Latin America is employed to illustrate how regionally dominant cultural values may shape managers’ attitudes, subjective norms, and perceived behavioral control, which in turn affect tolerance of employee bribery. A series of research propositions and practical recommendations are derived from the model.     

How Leadership and Commitment Influence Bank Employees’ Adoption of their Bank’s Values

Retail banking is facing many challenges, not least the loss of its customers’ trust and loyalty. The economic crisis is forcing banks to examine their relationships with stakeholders and to offer greater reassurance that their brand promises will be delivered. More than ever, banks need to stand for something positive and valued by stakeholders. One way to achieve this is through paying more attention to brand values. Our article explores how values are adopted by employees within a bank. When employees ‘live’ their brand’s values, their behaviour during customer interactions reflects this, encouraging the strengthening of customer relationships. Specifically, we test the relationship between leadership style, employee commitment, and the adoption of values. Data was collected from a survey of 438 branch employees in a leading Irish retail bank. The study found that a structured and directive leadership style was effective at encouraging the adoption of the bank’s values. Moreover, when employees are committed to the organisation, this has a significant impact on their adoption of values. Thus, this study supports the literature which suggests that leadership and commitment are prerequisites for values adoption.     

Reconciling Corporate Citizenship and Competitive Strategy: Insights from Economic Theory

Neoclassical and Austrian/evolutionary economic paradigms have different implications for integrating corporate social responsibility (corporate citizenship) and competitive strategy. Porter’s “Five Forces” model implicitly rests on neoclassical theory of the firm and is not easily reconciled with corporate social responsibility. Resource-based models of competitive strategy do not explicitly embrace a particular economic paradigm, but to the extent their conceptualization rests on neoclassical assumptions such as imperfect factor markets and profits as rents, these models also imply a trade-off between competitive advantage and corporate social responsibility. Differences in Austrian/evolutionary economic model’s assumptions about equilibrium, profits, and other economic concepts allow this paradigm to embrace alternative views of strategy such as the activities or dynamic capabilities views. These alternative views of strategy focus on learning and adaptation; they align more easily with corporate social responsibility. In practice this alignment comes about because social engagement facilitates the learning and adaptation that are a source of competitive advantage. Among the many business arguments for CSR such as improved employee morale/productivity or brand differentiation, this view prioritizes innovation.     

Hume’s Theory of Business Ethics Revisited

Hume’s examination of the conventions of property, trade, and contract addresses the moral foundations that make business possible. In this light, Hume’s theory of justice is also a foundational work in business ethics. In Hume’s analysis of these conventions, both philosophers and game theorists have correctly identified “proto” game-theoretic elements. One of the few attempts to offer a Humean theory of business ethics rests on this game-theoretic interpretation of Hume’s argument. This article argues that game-theoretic reasoning is only one part of a Humean business ethics and this can be shown by further analyzing Hume’s theory of justice. As we examine his theory, it becomes clear that Hume is not trying to show how it is always rational to respect the rules of business. Hume is not engaging in, or attempting, a reconciliation project and neither is a Humean business ethics. The final section of the article is a brief Humean analysis of the effectiveness of codes of ethics. The purpose of this section is not to decide the issue but to show how a Humean approach is both useful, relevant, and involves more than reconciling rationality and morality.     

Rebounding from Corruption: Perceptions of Ethics Program Effectiveness in a Public Sector Organization

We examine the perceived importance of three organizational preconditions (awareness of formal ethics codes, decision-making techniques, and availability of resources) theorized to be critical for ethics program effectiveness. In addition, we examine the importance of ethical leadership and congruence between formal ethics codes and informal ethical norms in influencing employee perceptions. Participants (n=418) from a large southern California government agency completed a survey on the perceived effectiveness of the organization’s ethics program. Results suggest that employee perceptions of organizational preconditions, ethical leadership and informal ethical norms were related to perceptions of ethics program effectiveness. Based on these findings, organizations should evaluate the presence (or absence) of essential preconditions and take steps to ensure that leaders model espoused organizational values to foster perceptions of effective ethics programs.Kathie L. Pelletier is a doctoral student in the School of Behavioral and Organizational Sciences at Claremont Graduate University, 123 East Eighth Street, Claremont, CA 91711; e-mail: kathie.pelletier@cgu.edu. Her research interests include organizational ethics, ethical leadership, and women’s issues in the workplace. Michelle C. Bligh is an assistant professor of Organizational Behavior in the School of Behavioral and Organizational Sciences at Claremont Graduate University, 123 East Eighth Street, Claremont, CA 91711; e-mail: michelle. bligh@cgu.edu. Her research interests include charismatic leadership, political and executive leadership, and organizational culture.     

Ethical Values and Long-term Orientation

Lapses in ethical conduct by those in corporate and public authority worldwide have given business researchers and practitioners alike cause to re-examine the antecedents to personal ethical values. We explore the relationship between ethical values and an individual’s long-term orientation or LTO, defined as the degree to which one plans for and considers the future, as well as values traditions of the past. Our study also examines the role of work ethic and conservative attitudes in the formation of a person’s long-term orientation and consequent ethical beliefs. Empirically testing these hypothesized relationships using data from 292 subjects, we find that long-term perspectives on tradition and planning indeed engender higher levels of ethical values. The results also support work ethic’s role in fostering tradition and planning, as well as conservatism’s positive association with planning. Additionally, we report how tradition and planning mediate the influence of conservatism and work ethic on the formation of ethical values. Limitations of the study and future research directions, as well as implications for business managers and academics, are also discussed. Jennifer L. Nevins is an assistant professor of marketing in the Walker College of Business at Appalachian State University. Her articles have been published in journals such as Journal of the Academy of the Marketing Science and Journal of Business Research.Her research interests include export marketing, distribution channels, and the influence of cultural values on international channel relationships. William O.Bearden is the Bank of America Chaired Professor of marketing in the Moore School of Business at the University of South Carolina. His articles have been published in journals such as journal of Consumer Research, Journal of Marketing, Journal of Marketing Research, Journal of the Academy of Marketing Science, and Journal of Retailing. His research interests include consume perception of value and prices,measurement of consumer and marketing constructs, and the effects of marketplace Promotions. R.Bruce Money is the Donald Staheli Fellow and associate professor of marketing and international business in the Marriott School of Management, Brigham Young university. His articles have been published in journals such as Journal of Marketing, Journal of the Academy of Marketing Science, Journal of International Business Studies, and Sloan Mangement Review. His research interests include the international aspects of national culture’s measurment and effects, business-to-business marketing, word-of-mouth promotion, services marketing, and negotiation. “It appears many executives based their business decisions on how they could quickly build, and then protect, their own personal fortunes – and cared less about the long-term growth and profitability of their company.” – Associated Press (Clendenning, 2002) on the Enron collapse     

Shareholders and Social Responsibility

The article presents an analysis and critique of Milton Friedman’s argument that the social responsibility of business is merely to increase its profits. The analysis uncovers a central claim that Friedman implies, but does not explicitly defend, namely that the shareholders of a corporation have no duty to direct that corporation’s management to exercise social responsibility. An argument against this claim is then advanced by way of a convergence strategy, whereby multiple influential moral approaches are shown to align themselves against Friedman. The convergence strategy shows that Friedman’s position lies on the lonely fringes of Western moral thought, and that at least some of Friedman’s professed adherents appear to offer incoherent moral views. The convergence strategy is shown to suggest, but not entail, a stakeholder model of the corporation. The article concludes by considering two objections.     

The Influence of an Organisation’s Corporate Values on Employees Personal Buying Behaviour

This article explores the influence that an organisation’s corporate values have on employees’ behaviour and values both within and outside the work environment. In particular, it focuses on the impact of these values on the personal buying behaviour of employees. The empirical research was undertaken within a case study organisation that produces wine in Spain and involved interviews with senior management, an analysis of company documentation, as well as group discussions with employees supported by an employee survey. The article argues that an organisation’s corporate values influence not only its employees’ behaviour within the work environment, but also impacts on their global values system outside of the work environment. In particular, this was evident within the employees’ buying behaviour practices in relation to supplier loyalty and environmental concern. This has implications for business ethics as an organisation’s value system may go beyond the purely business context. Organisations need to be aware of their impact on employees’ behaviour outside of the work environment; this is particularly the case for multinational companies working across many cultures.     

On the relationship of hope and gratitude to corporate social responsibility

A longitudinal study of 308 white-collar U.S. employees revealed that feelings of hope and gratitude increase concern for corporate social responsibility (CSR). In particular, employees with stronger hope and gratitude were found to have a greater sense of responsibility toward employee and societal issues; interestingly, employee hope and gratitude did not affect sense of responsibility toward economic and safety/quality issues. These findings offer an extension of research by Giacalone, Paul, and Jurkiewicz (2005, Journal of Business Ethics, 58, 295-305). Lynne M. Andersson, Ph.D. is Associate Professor of Human Resource Management at the Fox School of Business and Management, Temple University, in Philadelphia, Pennsylvania. Her teaching and scholarship focus on the dark side of business organizations; in particular, she’s been examining some social maladies that are arguably associated with late capitalism (cynicism and incivility) as well as the role of social activism in countering capitalist barriers to sustainability. Robert A. Giacalone, Ph.D. is Professor of Human Resource Management at the Fox School of Business and Management, Temple University, in Philadelphia, Pennsylvania. His research interests focus on the impact of workplace spirituality and changing values on business ethics. He is currently Co-editor of the Ethics in Practice book series. Carole L. Jurkiewicz, Ph.D. is the John W. Dupuy Endowed Professor and Women’s Hospital Distinguished Professor of Healthcare Management at Louisiana State University. She has published numerous research articles, books, and news articles on the topics of organizational ethics, leadership, and behavior.     

Moral Markets and Moral Managers Revisited

In the wake of recent corporate scandals, this paper examines the claim made by John Boatright that business ethics, as it is currently conceived, “rests on a mistake.” Ethics in business should not be achieved through managerial vision, discretion or responsibility; rather, ethics should shape the design of institutions that regulate business from the outside. What ethicists should advocate for, according to Boatright, are moral markets not moral managers. I explore the empirical and normative dimensions of his claim with special attention paid to the extent to which Boatright’s development of the economic theory of the firm supports his position. I conclude by suggesting some reasons why moral markets and moral management are compatible frameworks for corporate reform.     

局部肖像的法律属性探析

近年来,越来越多人的脸部、手部、腿部、胸部照片经常被非法拼接、剪裁等,结合国内外的司法实践,引入局部肖像的概念尤为必要。局部肖像包括自然人的五官以及体貌,即能确定其所反映对象的作品都应认定为法律意义上的局部肖像。有关局部肖像的法律定位,目前有形象权和肖像权两说,根据肖像权所保护的法益,引入形象权不符合中国既有的权利分类和权利体系,与我国传统人格权理论也相互冲突,因此,应用肖像权保护局部肖像。     

Company Support for Employee Volunteering: A National Survey of Companies in Canada

Company support for employee volunteerism (CSEV) benefits companies, employees, and society while helping companies meet the expectations of corporate social responsibility (CSR). A nationally representative telephone survey of 990 Canadian companies examined CSEV through the lens of Porter and Kramer’s (2006, ‘Strategy and society: the link between competitive advantage and corporate social responsibility’, Harvard Business Review, 78–92.) CSR model. The results demonstrated that Canadian companies passively support employee volunteerism in a variety of ways, such as allowing employees to take time off without pay (71%) or adjusting their work schedules (78%). These Responsive CSR efforts contribute to the company’s value chain by enhancing employee morale, a perceived CSEV benefit. More active forms of support requiring company time or money are less common; for example, 29% allow time off with pay. Companies perceive that support for employee volunteering enhances their public image, a Responsive CSR strategy when employed to ameliorate a damaged reputation or a Strategic CSR strategy when contributing to a competitive position. A minority perceive challenges like covering the workload. Many companies target and/or exclude particular causes and link CSEV efforts with other philanthropic donations, suggesting a Strategic CSR application of CSEV. Where programs exist, they frequently are neither tracked nor evaluated, suggesting that companies are not using these programs as strategically as they might.     

A New Approach to Resolving the Right-to-work Ethical Dilemma

Union security has long been an industrial relations controversy. While compulsory unionism supporters say it benefits the working class, right-to-work advocates denounce it as an unethical infringement of individual rights and freedom. Unfortunately, neither side has adequately addressed the shortcomings of their viewpoint, nor the broader worker concerns about effective representation beyond just “unionism”. In this paper, we examine the ethical and practical problems of compulsory (union security) and voluntary (right-to-work) unionism and propose a new resolution, compulsory proportional representation, that has the advantages of: (a) ensuring workers’ freedom to associate or not associate, (b) promoting freedom to contract, (c) allowing free competition in representation in line with anti-trust principles, (d) improving industrial peace and efficiency, (e) enhancing fairness and social justice, and (f) addressing the employer–employee power imbalance. It is superior to either voluntary unionism, which often lead to management unilateralism, or compulsory unionism, where workers are compelled to join unions against their will. Helen Lam is an Associate Professor, Human Resource Management, in Athabasca University, working at the Centre for Innovative Management which focuses on graduate management programs in business administration. She received her Ph.D. from the Faculty of Business at the University of Alberta. Her research interests include the areas of downsizing, restructuring, quality initiatives, business ethics, employment relations, human rights and legal issues at the workplace. Her work has been published in a variety of academic journals. Mark Harcourt is a professor in the Department of Strategy and Human Resource Management, Waikato Management School, Waikato University. Mark has a Ph.D. in Business Administration from the University of Alberta, a Masters of Industrial Relations from the University of Toronto, and a Bachelor of Commerce from Queen’s University. His teaching focus is on employment relations and human resources management. Mark has also published articles in many national and international journals on a variety of topics, including health and safety, and discrimination.     

The Value of Corporate Philanthropy During Times of Crisis: The Sensegiving Effect of Employee Involvement

Recent research suggests that philanthropy’s value to the firm is largely mediated by contextual factors such as managers’ assumed motives for charity. Our article extends this contingency perspective using a “sensegiving” lens, by which external actors’ interpretations of organizational actions may be influenced by the way in which the organization communicates about those actions. We consider how sensegiving features in philanthropy-related press releases affect whether investors value those donation decisions. For the empirical investigation in this study, we analyze abnormal returns to announcements by U.S. Fortune 500 firms documenting their donations to Hurricane Katrina disaster relief in 2005. We expect that in general, donation decisions would be controversial given the uncertainty surrounding the hurricane’s economic effects at the time. However, we also propose that announcements emphasizing employee involvement in the donation send investors positive signals about the firm’s ability to bounce back from the disaster’s adverse effects. We find empirical support for the proposed hypotheses, and discuss the implications for theory and practice.     

Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed.